足坛"黑哨"刑法定性探析

归纳我国刑法学界对足坛"黑哨"刑法定性的3种代表性意见,即无罪论;公司、企业人员受贿罪说;受贿罪说。对"黑哨"进行刑法分析,认为:基于中国足协的特殊地位,由其指派的裁判员属于国家工作人员,从"黑哨"的行为特征看,完全符合受贿罪的构成要件,应当由司法机关介入对其犯罪行为进行刑法规制,充分发挥刑法的惩治、威慑作用,以便有效地治理"黑哨"现象。

Inquiry into and Analysis of Penally Determining Nature of "Blowing Unfair Whistles" in Soccer Circles

It summarized the three kinds of representative opinions,which existed in the world of China's criminal law science and were on penally determining nature of "blowing unfair whistles" in soccer circles,i.e. the doctrine of innocent,the doctrine of bribes-taking crime of staff in companies or enterprises and doctrine of bribes-accepting crime,and made a penal analysis of "blowing unfair whistles",considering that because of the special position that the Chinese Soccer Association has,the referees appointed by it belong to state working personnel and viewing from the behavioral feature,"blowing unfair whistles" conforms completely to the important condition of constituting bribes-taking crime,judicial institutions ought to intervene and penally regulate this kind of criminal act,and it's necessary to bring the penal punishment and deterrence into full play,so as to effectively eliminate the phenomenon of "blowing unfair whistles".